BUNYA ANAK JALONG vs PP - 2015 MarsdenLR 1679

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 1679

COURT OF APPEAL KUCHING
BUNYA ANAK JALONG – Appellant
Versus
PP – Respondent

Petitioner Advocates:Augustin Liom ,Respondent Advocate: Nahra Dollah

Table of Content
1. overview of charges and the legal implications of rape under relevant statutes. (Para 1 , 2 , 3)
2. court observations on evidence credibility and implications on justice. (Para 5 , 6 , 32 , 48 , 50)
3. analysis of the appeal issues and their legal grounds. (Para 20 , 21 , 22 , 23)
4. conclusions on the evidentiary standards and their application in the trial. (Para 36 , 37 , 40 , 76)
5. final judgment of appeal allowing charges to be dismissed. (Para 79)

Abdul Wahab Patail JCA:

[1] The appellant, Bunya Anak Jalong (I/C No: 541004-13-5351) appealed against the dismissal by the High Court in Sibu of his appeal against his convictions by the Sessions Court in Sibu and the sentences as varied by the said High Court on four charges of rape as follows:

(a) First Charge: reduced to eight years' imprisonment;

(b) Second Charge: reduced to three years' imprisonment;

(d) Fourth Charge: reduced to two years' imprisonment.

The Charges

[2] The appellant was charged, tried, convicted and sentenced before the said Sessions Court on the following charges:

(a) PERTUDUHAN PERTAMA Bahawa kamu, pada hujung bulan Mei tahun 2011, jam lebih

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2015 MarsdenLR 1679

COURT OF APPEAL KUCHINGBUNYA ANAK JALONG – AppellantVersusPP – Respondent

COURT OF APPEAL KUCHING
BUNYA ANAK JALONG – Appellant
Versus
PP – Respondent